Vinit Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16826 of 2020 Arising Out of PS. Case No.-40 Year-2020 Thana- HULASGANJ District- Jehanabad ====================================================== 1.

Vinit Raj Son of Vinay Kumar Dinkar Resident of Village- Mandil, P.S.- Parsbigha, District- Jehanabad.

2.

Dayalu Kumar Son of Kamlesh Sharma Resident of Village- Dogara, P.S.- Ghosi, District- Jehanabad.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-05-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice at the instance of the learned counsel for the petitioner.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 24 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of

Patna High Court CR. MISC. No.16826 of 2020(2) dt.14-05-2020 2/2 tampering of witnesses alleged against the petitioners. The petitioners are in custody since 26-02-2020. Charge sheet/Prosecution report in this case has already been submitted. It is alleged that 24 liters wine is recovered. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. The trial is not likely to be concluded in near future.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioners, above named, are directed to be released on bail on his personal bond to the satisfaction of learned Additional Sessions Judge-II, Jehanabad in connection with Hulasganj P.S. Case No. 40 of 2020. Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T